Resolution No. 164

Authorizing The Chairman Of The Ulster County Legislature To Enter Into A Non- Exclusive Easement And Right Of Way Relocation Agreement With Kingston NY Retail LLC Relocating Access To Property Owned By Ulster County Along Washington Avenue In The Town Of Ulster For The Purpose Of Allowing The Project Known As Kingston Commons To Be Constructed - Department of Planning

Resolution Information




Referred to: The Economic Development, Tourism, Housing, Planning and Transit

Committee (Chairman Maloney and Legislators Berky, Delaune, Lapp, Litts, Maio

and Rodriguez), and The Public Works and Capital Projects Committee (Chairman

Fabiano and Legislators Greene, Litts, Loughran, and Maloney)

Chairman of the Economic Development, Tourism, Housing, Planning, and Transit

Committee, James F. Maloney, and Deputy Chairman Hector Rodriguez offer the


WHEREAS, this resolution has been submitted by the County Executive on

behalf of the Department of Planning; and


WHEREAS, Kingston NY Retail LLC has proposed a retail development

known has Kingston Commons on lands adjacent to Washington Avenue on the

South in the Town of Ulster at 625 & 631- 669 Washington Ave., Kingston, NY,

(SBL #48.14-1-19 & 20); and

WHEREAS, Ulster County has an existing right of way, (hereinafter the

“existing easement”), over and through the lands of Kingston NY Retail LLC to

access lands the County owns in fee, (hereinafter, “the County Lands”), adjacent to

the Esopus Creek that was designated as the Harry M Thayer Memorial Park by

Resolution No. 291 of June 12, 1980; and

WHEREAS, in order to construct the Kingston Commons Project, Kingston

NY Retail LLC is proposing to relocate the existing easement as well as fill portions

of the County Lands; and

WHEREAS, in consideration of allowing the relocation the existing easement

and placing fill on County Lands, Kingston NY Retail LLC is proposing to:

1. grant Ulster County an additional non-exclusive easement to the signalized

intersection at Washington Avenue and Sawkill Road;

2. remove fill placed on the County Lands within the floodway by others;

3. seed and landscape all fill on County Lands;

4. provide water, sewer, gas, and electric service to the property line of the

County Lands; and construct an access road and parking area on County

Lands, and 


WHEREAS, as proposed the improvements provide a clear benefit to the

County Lands all of which will remain available for park use now and in the future;


WHEREAS, the Town of Ulster has issued a conditional final approval of the

site plan for the Kingston Commons Project and conducted a coordinated review

under State Environmental Quality Review Act (SEQRA) issuing a conditional

negative declaration while it awaits approval of the easement modifications by the

County; and

WHEREAS, the following has been filed with the Clerk of the Legislature:

1. Non-Exclusive Easement and Right of Way Relocation Agreement

2. Easement Extinguishment and Non-Exclusive Right-of-Way Maintenance


3. Temporary Cross Access Easement Agreement

4. Metes and Bounds Description of Non-Exclusive Easement

5. Metes and Bounds Description Right of Way Relocation

6. Site Plans Issue 07 dated 01/16/2017

7. Town of Ulster Negative Declaration dated 01/11/2016; and

WHEREAS, the Ulster County Legislature has considered the above materials

filed with the Clerk of the Legislature; now, therefore be it


RESOLVED, the Ulster County Legislature after review and consideration of

the Negative Declaration adopted by the Town of Ulster as filed with the Clerk of the

Ulster County Legislature, hereby concurs with the Town of Ulster’s determination

that the project will not have a significant impact on the environment and a Draft

Environmental Impact Statement will not be prepared; and, be it further

RESOLVED, that the Chairman of the Ulster County Legislature is hereby

authorized to execute the Non-Exclusive Easement, Right of Way Relocation

Agreement and other documents associated with the project any amendments thereto,

with Kingston NY Retail LLC in the form as filed with the Clerk of the Ulster

County Legislature or as modified with the approval of the County Attorney, 


and move its adoption.


AYES: 22 NOES: 0

 (Absent: Legislator Briggs)

Passed Committee: Economic Development, Tourism, Housing, Planning and

Transit on April 4, 2017

Passed Committee: Public Works and Capital Projects on April 5, 2017






I, the undersigned Clerk of the Legislature of the County of Ulster, hereby certify that the foregoing resolution is

the original resolution adopted by the Ulster County Legislature on the 18th Day of April in the year Two Thousand and

Seventeen, and said resolution shall remain on file in the office of said clerk.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 21st Day of April in

the year Two Thousand and Seventeen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Approved by the County Executive this

21st Day of April, 2017. 27th Day of April, 2017.

|s| Victoria A. Fabella |s| Michael P. Hein

Victoria A. Fabella, Clerk Michael P. Hein, County Executive

Ulster County Legislature 

Current Text: PDF


Updated: January 29, 2019